An FIR can be quashed by a High Court using its inherent powers, formerly under Section 482 of the Code of Criminal Procedure and now under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Courts quash FIRs where allegations do not disclose an offence, proceedings are an abuse of process, or in suitable cases where parties have settled, especially in private disputes.
Grounds for quashing
- Allegations do not constitute an offence
- Civil dispute given criminal colour
- Malicious or abusive proceedings
- Compromise in non-heinous, private offences
Process
- Draft petition with FIR copy and grounds.
- File in the High Court with jurisdiction.
- Notice to state and complainant.
- Hearing and order.
Settlement-based quashing
Courts may quash matrimonial and commercial cases on settlement, but not serious offences against society.
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Get expert help →Interim protection
Courts may grant stay of investigation or protection from coercive action in suitable cases.
Frequently asked questions
Can an FIR be quashed after chargesheet?
Yes, High Courts can quash proceedings even after chargesheet in appropriate cases.
Are serious offences quashed on compromise?
Generally no for heinous offences like murder or rape.
How long does quashing take?
Depends on court workload, from weeks to many months.
What replaced CrPC?
The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the CrPC from 1 July 2024.
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